Gopal Swaroop Awasthi vs State Of U.P. And 4 Others
2022 Latest Caselaw 10953 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 12252 of 2022
 

 
Petitioner :- Gopal Swaroop Awasthi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ashish Mishra
 
Counsel for Respondent :- CSC,Anuj Pratap Singh
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard Shri Abhinav Srivastava, holding brief of Shri Ashish Mishra, learned counsel for the petitioner and Shri Saurabh Tripathi, holding brief of Shri Prabhakar Awasthi for the Respondent nos.2 to 5.

(2) This petition has been filed by the petitioner challenging the Suspension order dated 31.05.2006 and praying for a direction to be issued to the Respondent no.2 to reinstate the petitioner on the post of Chowkidar in the office of the Executive Engineer, on which he was earlier working before his suspension and to pay him arrears and consequential benefits.

(3) It is the case of the petitioner that while he was working as Chowkidar in the office of the Executive Engineer at U.P. State Industrial Development Authority now UPSIDA at Agra, he was suspended on 31.05.2006 for alleged theft at the place of posting. An F.I.R. was lodged against him under Section 380 of the IPC on 28.03.2006 in Case Crime No.175 of 2006. The Special Chief Judicial Magistrate took cognizance and a criminal case was registered under Criminal Case No.2887 of 2009. Ultimately the petitioner was granted the benefit of Sections 3, 4 and 12 of the Probation of First Offenders Act, 1958 and he was asked to deposit a personal bond and two sureties and to give an undertaking to maintain good behaviour in the future by the Special Chief Judicial Magistrate, Agra, by his judgment and order dated 19.07.2021.

(4) After his release by the order dated 19.07.2021, the petitioner sent a Representation to the Respondent no.3 for revoking his suspension on 15.09.2021. However, his Representation has remained pending. The petitioner is in extremely poor financial condition he has not been reinstated so far. No decision has been taken on his representation as yet.

(5) Hence, this petition has been filed.

(6) This petition is finally disposed of with a direction to the Respondent no.4-Executive Engineer/Senior Manager, U.P. State Industrial Development Authority, Nirman Khand-5, Agra, to look into the Representation of the petitioner dated 19.03.2022, a copy of which has been annexed as Annexure-2 to the writ petition, in accordance with law and pass appropriate reasoned and speaking orders within a period of eight weeks from the date a certified copy of this order is produced before him.

Order Date :- 23.8.2022

PAL